§ 66-61. General requirements.

(a)

Conformance to applicable rules and regulations. In addition to the requirements established in this chapter, all subdivision plats shall comply with the following laws, rules, regulations, and ordinances:

(1)

All applicable statutory provisions.

(2)

The zoning ordinance of the city, building and housing codes, and all other applicable laws of the appropriate jurisdictions.

(3)

The comprehensive plan, official map, and capital improvements program of the city.

(4)

Any and all rules of the county health department or appropriate state agencies.

(5)

The rules of the state highway department, if the subdivision or any lot contained herein, abuts a state highway.

(6)

The soil erosion ordinance of the city, chapter 38, article II of this Code.

(b)

Plats straddling political boundaries. Whenever access to a subdivision is required across land in another governmental jurisdiction, the city council may request assurance from the city attorney that access is legally established.

(c)

Suitability of the land. Land subject to flooding, improper drainage, erosion, geological hazards, topographical limitations, or for other reasons that classify land as unsuitable for residential use shall not be platted for residential use nor for any other use that will continue or increase the danger to health, safety, or property destruction, unless the hazards can be sufficiently mitigated and the actions needed to do so are shown on the final plat prior to its approval.

(d)

Rejection of land dedication. Whenever a plat proposes the dedication of land for public use and it is determined by the city council that such land is not suitable for the proposed public use, the city council shall refuse to approve either the preliminary or final plat until such dedication is removed from the plat.

(e)

Water retention structures. No water retention structure shall be shown to be dedicated or accepted by the city. When the city council finds such structure is recorded on a plat, such dedication shall be stricken from the plat prior to approval.

(f)

Subdivision name. The proposed name of the subdivision shall not duplicate nor closely approximate phonetically or visually, the name of any other subdivision in the city. The city council shall have final authority to approve the name of the subdivision, which shall be determined at the time of approval of the preliminary plat.

(g)

Large scale development. The requirements of this chapter may be modified in the case of a large-scale community, commercial or neighborhood developments in excess of 15 acres that is not subdivided into customary lots, blocks, and streets. Such modifications shall conform with the purpose and intent of this chapter, and shall follow the requirements for a planned unit development (PUD) as included in the zoning regulations of the city if in effect at the time they are revised.

(h)

Removal of existing trees. All trees six inches in diameter that do not interfere with rights-of-way, utilities, or septic tank drainfields, and actual construction shall be preserved. Tree removal must be approved by the building inspector in all other circumstances. Clearcutting is prohibited.

(Ord. of 6-20-1989, § 3.1)